Failure to mitigate – lack of funds and exhaustion

In reading these recent trial decisions, there are arguments that jump out at me that I need to write about. Today’s article is on the topic of “mitigation”. A Plaintiff, who was injured as a result of a motor vehicle collision was attending an “ICBC funded program” with a known national treatment provider. The Plaintiff […]

Cost of future care – review

We are going to review the test in determining an award for cost of future care by highlighting several quotes from cases that are often referenced at trial. In addition, we will review the cost of future care considerations in a recent trial decision referenced as Dornan v. Stephens, 2019 BCSC 701 (CanLII). The test […]

Loss of future earning capacity – Arguments for and against

This is a case referenced as Singh v Chand, 2019 BCSC 932 (CanLII) that will allow us to review some of the defence arguments put forward in a claim for loss of future earning capacity and pay attention to the details of this case. The Plaintiff in this case, a lawyer, was seeking $4,000,000 in […]

Production of pre-mva records – what you need to know

We will review the principles relating to the production of pre-mva medical records in a recent decision Fallahpour-Sichani v Harapnuik, 2019 BCSC 2046 (CanLII) and explore the factors that must be considered when such a request is being made by the defence. This will offer a great review and will allow us the opportunity to […]

Diagnosis: Somatic Symptom Disorder

We are going to review a recent decision Flomo v. Hanna, 2019 BCSC 2024. At the time of the collision, the Plaintiff was 29 years old when her vehicle was rearended by the Defendant. Liability was admitted for this collision but quantum was in issue. The Plaintiff’s history was raised in this case. It was […]

Considerations for concussion/mild traumatic brain injury cases

My article has been published by The Lawyer’s Daily, part of Lexis Nexis Canada Inc. Here it is and hope you enjoy the article and all the research that went into it: Considerations in concussion, mild traumatic brain injury cases By Priscilla Cicek One of the challenging factors in managing concussion/mild traumatic brain injury cases […]

Loss of Housekeeping 2019

Two recent decisions yield two different approaches by the Courts as it pertains to loss of housekeeping capacity. In the first example, the Court rejected the claim for loss of housekeeping as a separate head of damage and addressed this loss under the non-pecuniary award. In the second example, the Court was satisfied that a […]

Cost of Future Care 2019

It is always useful to review the test to determine whether an award under the heading of costs of future care is appropriate. A recent decision awards the Plaintiff $64,371 for cost of future care and I quote from this decision the Court’s comments: [412] Claims for cost of future care need to be medically justified […]

Rule 11-8 “Unconstitutional and of no force or effect”

We have written about Rule 11-8 on Case Law Corner and you may want to review the articles noted below for a refresher on the limitations placed on expert evidence in the Province of British Columbia. Articles: Experts in Vehicle Actions Joint Experts – Considerations Today is an amazing day because access to justice has […]

The Innocence Project

When there’s a purpose, you will find passion. What an engaging discussion last night at the Law Courts’ Inn with Tamara Levy, QC who spoke to us about the Innocence Project in both Canada and the United States. Tamara Miriam Levy graduated from Osgoode Hall Law School in 1996 and has since built a career […]